A Border Patrol shooting that rattled Calexico in the summer of 2022 is now at the center of a federal criminal case in San Diego. A grand jury has indicted agent Marcos Javier Andrade on civil-rights and firearms charges after prosecutors said he opened fire on an unarmed 19-year-old driver in stalled traffic, leaving the teen with multiple gunshot wounds and needing surgery.
Traffic Jam Turns Into Gunfire
According to court records from a related civil lawsuit, the teenager, identified only by initials, was stuck in heavy congestion on State Route 98 in Calexico on July 11, 2022, when a uniformed Border Patrol agent allegedly walked up to his minivan and abruptly began shooting into the vehicle. Those filings, which include a federal judge's October 2025 order that lays out the basic timeline, form part of the factual backdrop prosecutors relied on in pursuing the criminal case, as reflected in documents available on Justia.
Watchdogs See a Pattern
Civil-rights advocates have not treated the Calexico shooting as a one-off. They have pointed to it as part of a broader pattern of force incidents involving Border Patrol personnel in the El Centro sector, raising questions about oversight in a region where the agency is a dominant presence. Investigative work by outside groups has pulled together photos and social media posts from the shooting scene that show the minivan riddled with bullet holes, while also highlighting calls for more sunlight on how internal Border Patrol investigations are handled, as detailed by the Project On Government Oversight.
Indictment Unsealed in San Diego
That mounting scrutiny has now pushed into criminal court. This week, a federal grand jury in San Diego returned an indictment charging Andrade with one count of deprivation of rights under color of law and a related firearms offense. The case is set to move forward in U.S. District Court in San Diego, and prosecutors have scheduled an arraignment for next week, according to reporting by The San Diego Union-Tribune.
Eight Shots, Multiple Wounds
The indictment paints a stark picture of what federal authorities say happened on that July afternoon. Andrade is accused of firing eight rounds at the teen's van. One bullet allegedly hit the hood, three more pierced the windshield and four tore through the driver's side window before six of the rounds struck a nearby tractor-trailer. Prosecutors say the teen, identified in the filing by initials, was hit in the neck, hip, shoulder and hand, suffered glass embedded in his right eye and ultimately needed surgery.
In a key line, the indictment states that "At no time did A.F.'s vehicle pose a threat to defendant Marcos Javier Andrade or anyone else." It also alleges that Andrade refused to answer basic safety questions after pulling the trigger and that he had previously been disciplined in earlier incidents involving his conduct, according to The San Diego Union-Tribune.
The Federal Statutes in Play
On paper, the government's case leans on two heavyweight criminal statutes. Under 18 U.S.C. § 242, it is a federal crime for any official acting under color of law to willfully deprive a person of rights protected by the Constitution or federal law. A separate set of provisions in 18 U.S.C. § 924 covers using or discharging a firearm during and in relation to a crime of violence, which can add serious prison time if a defendant is convicted. For the moment, though, the indictment is just that an accusation and Andrade is presumed innocent unless and until prosecutors prove their claims beyond a reasonable doubt, see 18 U.S.C. § 242 and 18 U.S.C. § 924.
Criminal Case and Civil Suit on Parallel Tracks
The criminal prosecution will now run alongside a separate civil lawsuit pending in the Southern District of California, in which the driver is seeking damages for the shooting. Lawyers in that case have already filed motions and appeared in hearings, and whatever happens there could eventually intersect with the criminal matter, even if the two follow different legal rules and timelines.
For anyone trying to keep track, the most reliable updates are likely to come from federal court dockets, along with any public statements from prosecutors or U.S. Customs and Border Protection. Key filings in the civil case, including the judge's detailed order summarizing the shooting, can be accessed through Justia.
